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B-184706 1 (1976-01-12)

handle is hein.gao/gaobaddta0001 and id is 1 raw text is: THE COMPTRL-sLER GENERAL OF THE UNITE:) STATES VWASHINGTON. D.C. 2O5448 03l FILE: B-184706 DATE: JAN 17 MATTER OF: O Dora M. McDonald - Involuntary Leave / DIGEST: Department of the Air Force applied for employee's disability retirement, Employee was placed on involuntary leave because of.medical opinion that employee was incapable of peiforming the duties of her position. Employee is not entitled to reim- bursement for loss of pay for period she was in leave-without-pay status even though Civil Service Comission later determined that the employee was not shown by medical evidence to suffer from total disability for useful and efficient service. The Department of the Air Force's placement of the employee on involuntary leave was not unjustified or uawarranted personnel action within backpay statute in that it was based on the medical deter- mination that the employee was incapacitated for duty. Mrs. Dora M. McDonald has requested reconsideration of her claim for backpay and restoratioa ol leave for the period June 25, 1973, through June 6, 1974, during which time she was involuntarily placed on leave by the Department of the Air Force pending a Civil Service Comission (CSC) decision on an application filed by McConnell Air Force Baoe (Ar) for her disability retirement. The record shows that on May 1, 1973, the Department of the Air Force, McConnell AP, Kansas, took action to remove Dora M. McDonald from her position as a. Licensed Practical Nurse, GS-621-04. She appealed this decision to the Civil Service Comission which directed that the removal action be cancelled and that she be restored to her position retroactively to May 1, 1973. On June 25, 1973, when Mrs, McDonald returned to duty, she was advised in writing that medical information obtained by the Hospital Cotmmander during her absence indicated that she was incapable of performing the duties of her position. At that time 4rs. McDonald was involuntarily placed on sick leave for the remainder of the day Lnd was continued on sick leave or annual leave until her leave accumulation was exhausted on August 7, 1973. This action was taken in accordance with Subchapter 510 of the Federal Personnel Manual Supplement 831-1. See also 5 C.F.R. 0 831.1206. On August 8, 1973, Mrs. McDonald was placed

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